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| This section discusses judicial case conferences, family case conferences, settlement conferences, and to a lesser extent trial management and preparation conferences, including their limitations and their uses, and provides some tips about how you can get the most out of your time and the judge's time at a case conference. | | This section discusses judicial case conferences, family case conferences, settlement conferences, and to a lesser extent trial management and preparation conferences, including their limitations and their uses, and provides some tips about how you can get the most out of your time and the judge's time at a case conference. |
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| | More information about trial management and preparation conferences can be found later in this section: |
| | *Preparing for and Going to Trial in Supreme Court: [[Preparing for and Going to Trial in Supreme Court#Schedule and attend a trial management conference|Schedule and attend a trial management conference]], and |
| | *Preparing for and Going to Trial in Provincial Court: [[Preparing for and Going to Trial in Provincial Court#Preparing for trial in Provincial Court|Preparing for trial in Provincial Court]]. |
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| ==Resolving a court proceeding without a trial is still possible== | | ==Resolving a court proceeding without a trial is still possible== |
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| Parties heading to trial are required to schedule and attend a trial management conference (unless the party has a lawyer in which case the party does not have to attend as long as s/he is available by telephone to speak with their lawyer if instructions are needed during the TMC). The trial management conference is a meeting with a judge or a master to discuss how the trial will proceed and what, if any, additional steps must be taken to ready the parties for trial. | | Parties heading to trial are required to schedule and attend a trial management conference (unless the party has a lawyer in which case the party does not have to attend as long as s/he is available by telephone to speak with their lawyer if instructions are needed during the TMC). The trial management conference is a meeting with a judge or a master to discuss how the trial will proceed and what, if any, additional steps must be taken to ready the parties for trial. |
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| The trial management conference must take place at least 28 days before the scheduled trial date, unless the court orders otherwise (see Rule 14-3(1) of the Supreme Court Family Rules).
| | More information about trial management conferences can be found later in this section: Preparing for and Going to Trial in Supreme Court: [[Preparing for and Going to Trial in Supreme Court#Schedule and attend a trial management conference|Schedule and attend a trial management conference]]. |
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| Each party (or their lawyer if represented) is required to file and serve on all other parties a trial brief in [[Form F45 Trial Brief|Form 45]] at least 7 days before the trial management conference (see Rule 14-3(3) of the Supreme Court Family Rules). The trial brief must contain:
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| # A summary of the issues and that party’s position about each issue;
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| # A list of the witnesses that party intends to call at trial, including each witness’ address and an estimate of the time that witness will be on the stand answering questions by that party;
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| # A list of any expert reports that party intends to rely upon at trial;
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| # A list of the witnesses that party intends to cross examine and the time estimate for each;
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| # A list of any orders already made in the court proceeding which may affect the conduct of the trial;
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| # A list of the documents and other exhibits that party intends to rely upon at trial; | |
| # A list of the legal authorities that party intends to rely upon at trial;
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| # A list of the orders that party is requesting the judge to make; and
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| # That party’s time estimate for submissions (final argument) at the end of the trial.
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| At the trial management conference, the judge or master may consider and make orders about the following issues (as set out in Rule 14-3(9)):
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| :(a) direct the parties to attend a settlement conference;
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| :(b) amendment of pleadings within a fixed time;
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| :(c) a plan for how the trial should be conducted;
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| :(d) admissions of fact at trial;
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| :(e) admission of documents at trial, including:
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| ::(i) agreements as to the purposes for which documents may be admitted, and
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| ::(ii) the preparation of common books of documents and document agreements;
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| :(f) imposing time limits for the direct examination or cross-examination of witnesses, opening statements and final submissions;
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| :(g) directing that a party provide a summary of the evidence that the party expects one or more of the party's witnesses will give at trial;
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| :(h) directing that evidence of witnesses be presented at trial by way of affidavit;
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| :(i) respecting experts, including, without limitation, orders that the parties' experts must, before the service of their respective reports, confer to determine and report on those matters on which they agree and those matters on which they do not agree;
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| :(j) directing that the parties present opening statements and final submissions in writing;
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| :(k) adjournment of the trial;
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| :(l) directing that the number of days reserved for the trial be changed;
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| :(m) adjourning the trial management conference;
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| :(n) directing the parties to attend a further trial management conference at a specified date and time; and
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| :(o) any other matter that may assist in making the trial more efficient or aid in the resolution of the family law proceeding.
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| If a party (or that party’s) lawyer does not attend a Trial Management Conference, the judge or master may proceed with the TMC without out, adjourn the TMC to another date, and/or order you to pay costs to the other party (see Rule 14-3(5)).
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| Rule 14-3 of the Supreme Court Family Rules sets out further information about the Trial Management Conference.
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| ==Provincial Court: Family case conferences== | | ==Provincial Court: Family case conferences== |
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| Parties heading to trial are usually required to attend a trial preparation conference, except if a party has a lawyer in which case the party does not have to attend as long as s/he is available by telephone to speak with their lawyer if instructions are needed during the TPC) . The trial preparation conference is a short court hearing with a judge discuss how the trial will proceed and what, if any, additional steps must be taken to ready the parties for trial. | | Parties heading to trial are usually required to attend a trial preparation conference, except if a party has a lawyer in which case the party does not have to attend as long as s/he is available by telephone to speak with their lawyer if instructions are needed during the TPC) . The trial preparation conference is a short court hearing with a judge discuss how the trial will proceed and what, if any, additional steps must be taken to ready the parties for trial. |
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| There is no specific time frame for scheduling a trial preparation conference nor are they mandatory.
| | More information about trial preparation conferences can be found later in this section: Preparing for and Going to Trial in Provincial Court: [[Preparing for and Going to Trial in Provincial Court#Preparing for trial in Provincial Court|Preparing for trial in Provincial Court]]. |
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| There is no specific rule as to what parties need to bring to the trial preparation conference, but each party should:
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| * Prepare a summary of the issues and that party’s position about each issue.
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| * Be aware of the evidence that party intends to use at trial, including:
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| ** the documents (including expert reports, if any) that party intends to rely upon at trial
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| ** the witnesses (names and contact information) that party intends to call at trial, and a time estimate for each witness’ testimony
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| At the trial preparation conference, the judge may do one or more of the following (see Rule 8(4) of the Provincial Court (Family) Rules):
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| <blockquote><tt>
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| (a) order a party to allow inspection and copying of records, specified in the order, that are or have been in the party's possession or control or, if not in that party's possession or control, are within that party's power;
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| (b) order a party to serve on the other parties a written summary of the proposed evidence of a witness within a set time;
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| (c) if the judge determines that there are any pending applications relating to the case that have not yet been heard, order that those applications be heard at the trial preparation conference or be brought and heard within a set time;
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| (d) order the parties to file a statement of agreed facts, within a set time;
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| (e) discuss evidence that will be required and the procedure that will be followed at that trial;
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| (f) order a party to bring to trial a record, specified in the order, that is or has been in the party's possession or control or, if not in the party's possession or control, is within that party's power;
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| (g) grant permission to a party to submit evidence by affidavit at the trial, in accordance with rule 13 [concerning affidavits] and with any directions given by the judge presiding at the trial preparation conference;
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| (h) estimate the time required for a trial;
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| (i) set a trial date for the matter or set a date for a trial that is restricted to issues defined by the parties;
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| (j) make any order or give any direction that the judge considers appropriate.
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| </tt></blockquote>
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| ==Resources and links== | | ==Resources and links== |
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| {{REVIEWED | reviewer = [[Shannon Aldinger]], June 14, 2017}} | | {{REVIEWED | reviewer = [[Shannon Aldinger]], June 16, 2017}} |
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| {{JP Boyd on Family Law Navbox|type=chapters}} | | {{JP Boyd on Family Law Navbox|type=chapters}} |
